The following Risk & Compliance practice note Produced in partnership with Noel Power of Dechert provides comprehensive and up to date legal information covering:
Legal professional privilege (LPP) protects documents from disclosure to third parties including government agencies, regulators and claimants in civil proceedings. It is important to ensure you preserve legal professional privilege wherever possible when conducting internal investigations. For guidance on maintaining privilege during criminal investigations, see Practice Note: Maintaining privilege during criminal investigations.
There are two types of LPP in England and Wales:
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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